S. 214 Text As Passed – Eliminates Opt-Out Fee
Text below, see official Journal entry here.
§ 2811. SMART METERS; CUSTOMER RIGHTS; REPORTS
(a) Definitions. As used in this section, the following terms shall have the
following meanings:
(1) “Smart meter” means a wired smart meter or a wireless smart meter.
(2) “Wired smart meter” means an advanced metering infrastructure
device using a fixed wire for two-way communication between the device and
an electric company.
(3) “Wireless smart meter” means an advanced metering infrastructure
device using radio or other wireless means for two-way communication
between the device and an electric company.
(b) Customer rights. Notwithstanding any law, order, or agreement to the
contrary, an electric company may install a wireless smart meter on a
customer’s premises, provided the company:
(1) provides prior written notice to the customer indicating that the
meter will use radio or other wireless means for two-way communication
between the meter and the company and informing the customer of his or her
rights under subdivisions (2) and (3) of this subsection;
(2) allows a customer to choose not to have a wireless smart meter
installed, at no additional monthly or other charge; and
(3) allows a customer to require removal of a previously installed
wireless smart meter for any reason and at an agreed-upon time, without
incurring any charge for such removal.
(c) Reports. On January 1, 2014 and again on January 1, 2016, the
commissioner of public service shall publish a report on the savings realized
through the use of smart meters, as well as on the occurrence of any breaches
to a company’s cyber-security infrastructure. The reports shall be based on
electric company data requested by and provided to the commissioner of public
service and shall be in a form and in a manner the commissioner deems
necessary to accomplish the purposes of this subsection. The reports shall be
submitted to the senate committees on finance and on natural resources and
energy and the house committees on commerce and economic development
and on natural resources and energy.
(d) Health report.
(1) On or before January 15, 2013, the commissioner of health and the
commissioner of public service shall jointly submit a report to the senate
committee on finance and the house committee on commerce and economic
development. The report shall include: an update of the department of
health’s 2012 report entitled “Radio Frequency Radiation and Health: Smart
Meters”; a summary of the department’s activities monitoring the deployment
of wireless smart meters in Vermont, including a representative sample of
postdeployment radio frequency level testing; and recommendations relating to
evidence-based surveillance on the potential health effects of wireless smart
meters.
(2) The commissioner of public service, in consultation with the
commissioner of health, shall select and retain an independent expert, not an
employee of the state, to perform the research and writing of the report
identified in subdivision (1) of this subsection. The commissioner of public
service may allocate the costs of retaining the independent expert to electric
utilities in accordance with sections 20 and 21 of this title (particular
proceedings; personnel; assessment of costs).
Sec. 15a. INSTALLED WIRELESS SMART METERS
If an electric company has installed a wireless smart meter as defined in
30 V.S.A. § 2811(a)(3) prior to the effective date of this act, the company shall
provide notice of the installation to the applicable customers, and such notice
shall include a statement of customer rights as described under 30 V.S.A.
§ 2811(b).
